By Cyrus D. Mehta and Kaitlyn Box*
On June 18, 2024, President Biden announced new measures aimed at ensuring that “U.S. citizens with noncitizen spouses and children can keep their families together”. One of these measures provides a discretionary grant of parole in place (“PIP”) to individuals who: are present in the United States without
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The Perils of Claiming the Foreign Earned Income Exclusion When Sponsoring an Immigrant on an Affidavit of Support
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
Although most U.S. citizens and lawful permanent residents must pay U.S. taxes on their worldwide income, the foreign earned inclusion exclusion (“FEIE”) allows some U.S. citizens and residents to exempt income earned outside the country from U.S. taxes. In order to avail of the FEIE, the taxpayer must…
Court Upholds Regulation Issuing Employment Authorization to H-4 Spouses Even After the Demise of Chevron Deference
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
On August 2, 2024, the D.C. Court of Appeals issued its opinion in Save Jobs USA v. DHS, upholding the regulation that provides employment authorization to certain H-4 spouses of H-1B nonimmigrants. Save Jobs USA, an organization aiming to “address the problems American workers face from foreign labor…
Obtaining Advance Parole on a Pending Adjustment of Status Application
By Cyrus Mehta
By Cyrus D. Mehta
Those who have filed an I-485 application adjustment of status must obtain advance parole before they travel outside the US while their I-485 application. Section 212(d)(5)(A) of the Immigration and Nationality Act (INA) authorizes the Secretary of Homeland Security, at his or her discretion, to “parole into the United States temporarily…
Does the Signing of the I-485 Supplement J By a New Employer Constitute Visa Sponsorship?
By Cyrus Mehta
Cyrus D. Mehta and Jessica Paszko*
Portability under Section 204(j) of the Immigration and Nationality Act (INA) allows certain employment-based green card applicants to change jobs or employers while their adjustment of status (Form I-485) application is pending. Portability becomes available once the I-485 has been pending for at least 180 days. It must be…
SEC v. Jarkesy and Loper Bright v. Raimondo: How the Supreme Court’s Dismantling of the Administrative State Impacts Immigration Law
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
The conservative majority Supreme Court recently issued two decisions that will have a major impact on the administrative state by transferring power from administrative agencies to the courts. We discuss both these cases and their impact on immigration law.
SEC v. Jarkesy
On June 27, the Supreme Court…
The Uncertain Path of the D-3 Waiver for DACA Recipients under Biden’s New Immigration Initiative
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
On June 18, 2024, the Biden administration announced two new immigration initiatives aimed at keeping families together. The first is a “parole in place” program which will provide a pathway for undocumented spouses of U.S. citizens to become lawful permanent residents (LPRs). In order to be eligible, the…
Granting Deferred Action to Aging Out Children in Lawful Status Is Preferable to Having Them Start All Over Again
By Cyrus Mehta
By Cyrus D. Mehta
Children of beneficiaries of approved I-140 petitions that are caught in the employment-based backlogs are in danger of aging out if they turn 21 and are unable to obtain permanent resident status with their parents. Although the Child Status Protection Act (CSPA) is able to protect the age of some children…
Ethical Obligation of the Public Official Lawyer Who Falsely Undermines the Criminal Justice System after Trump’s Conviction
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box
On May 30, 2024, Donald Trump was convicted of 34 counts of falsifying business records in New York, all in connection with his payment of hush money to adult film actress Stormy Daniels in advance of the 2016 election. Harvard law professor Laurence Tribe eloquently summarized on X…
Who Are the Undocumented Immigrants That Would Become Targets of Trump’s Deportation Army If He Got Reelected
By Cyrus Mehta
By Cyrus D. Mehta
If Trump gets reelected, he has hinted that his administration will create a deportation force that would deport 15 million undocumented immigrants. Radley Balko’s newsletter on substack, Trump’s Deportation Army, provides chilling details on how this deportation would be executed, which would be an unmitigated disaster for families, the US…